Supreme Court · 2010 INSC 157 · Decided 19 March 2010
Rameshbhai Pandurao Hedau v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2010 INSC 157 · [2010] 3 S.C.R. 522
- Case number
- CRIMINAL APPEAL No. 548/2010
- Decided
- 19 March 2010
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 156(3), 202
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: c ss. 156(3) and 202 - Power of Magistrate to order investigation - HELD: Powers u/s 156(3) can be invoked by Magistrate at pre-cognizance stage whereas powers u/s 202 are to be invoked after cognizance is taken but before issuance of process - Once the Magistrate precluded from ordering investigation uls 156(3) - In the instant case, on the complaint fifed, the Magistrate having taken cognizance, rightly postponed the issuance of process and kept the complaint for court inquiry uls 202 - There is no reason to interfere with-the order of the E
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